Discussion:
What is the name of your state?Illinois
If a company (Marvel Comics Inc.) does not offer a product (skins based on Marvel created characters) for a specific game or gaming system (The Sims by Maxis) and a fan creates this product and offers it for download FREE to other fans with the condition that they not sell it or profit monetarily from it in any way .... can the company (Marvel Comics Inc.) legally demand the removal of the fan art (skins for use in The Sims) or sue the owner of the internet site providing the fan art? The two key points here are that the so called product (skins for use with The Sims) isn't being offered by the owner of the copyright and that the provider of the fan art is not making money nor seeking to make money from the fan art/product (skins for use with The Sims). Since the copyright holder (Marvel Comics Inc.) is not losing money and the provider of the fan art (skins for use in The Sims based on Marvel created characters) in not making money, what is the problem?
Answer:
can the company (Marvel Comics Inc.) legally demand the removal of the fan art (skins for use in The Sims) or sue the owner of the internet site providing the fan art? Yes to both.
The two key points here are that the so called product (skins for use with The Sims) isn't being offered by the owner of the copyright Irrelevant. The copyright and trademark holder owns the rights to the characters, and can decide for themselves whether or not to provide "skins" for sale or otherwise. They have the right to control the use of their characters, and can choose to exploit them or not.
and that the provider of the fan art is not making money nor seeking to make money from the fan art/product (skins for use with The Sims). Also irrelevant. Infringement can exist regardless of whether anyone is selling anything, or whether or not anyone is making any money. Besides, damages for infringement are based on the impact to the owner's business, not on any profits (if any) made by the infringers.
Since the copyright holder (Marvel Comics Inc.) is not losing money and the provider of the fan art (skins for use in The Sims based on Marvel created characters) in not making money, what is the problem? The problem is that Marvel owns the rights to the characters, and can exploit the characters -- or not-- as they see fit, not as you (or anyone else) sees fit. You don't have to invite anyone into your house unless you want to; similarly, Marvel doesn't have to use their creations or let anyone else use their creations if they don't want to. This may seem like a silly analogy, but it really isn't -- both ownership of your house and ownership of a copyright and a trademark are property rights, and the owner of the property can control who, if anyone, gets access to or use of their property.
Another analogy is a vacant lot -- it belongs to someone, who has the right to keep you off the lot, even if they are not using the lot and are not making money off of the lot.
If you want to use the characters without potentially getting in trouble, you'll need permission from Marvel -- there is really no way around it.